Dallas, TX asked in Criminal Law, Federal Crimes, Civil Rights and Legal Malpractice for Texas

Q: If 2 interns unlicensed to practice law represented the state at anytime prosecuting my case is that grounds to sue?

They were also not legally licensed interns or have a special permit.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: This question is marked Criminal Law but nobody sues anyone in criminal court. It is also marked Legal Malpractice which is a cause of action in civil court, but that is for a lawsuit against your own attorney, not the opposing side. As for Civil Rights, a criminal defendant is entitled to effective counsel under the Sixth Amendment but that is about your own attorney, not the prosecutor.

If you are trying to get the conviction undone, consult an attorney who focuses on criminal appeals and extraordinary remedies. This isn't my area but I suppose there could be a jurisdictional argument if an "information" charging the defendant with a misdemeanor was not signed by an attorney. However, I've not researched if a defect like that is considered to be waived if no objection was raised before trial.

If they were paid interns and they falsely claimed to be attorneys then they may have committed a crime... but not if they were unpaid or they never claimed to be attorneys and besides, getting someone else into trouble wouldn't automatically change the result in your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.